The Supreme Court on Friday stayed a Mumbai college’s decision banning ‘hijab, burqa, cap and naqab’ on the campus and said girl students must have the freedom to choose what they wear.
Terming the restrictions imposed by the college authorities as unwarranted, a bench of Justices Sanjiv Khanna and Sanjay Kumar asked the Chembur Trombay Education Society, which runs the N G Acharya and D K Marathe College, whether it would ban ‘bindi’ and ‘tilak’ also on the campus.
Justice Kumar asked senior advocate Madhavi Divan, appearing for the society, how was the college empowering the girl students by issuing such a circular. “Girl students must have the freedom of choice in what they wear, and the college can’t impose bans,” the bench said.
The SC, however, clarified that burqas would not be permitted inside the classrooms and that no religious activities should occur on campus. The SC also warned that its interim order should not be misused, adding that the educational society has the right to appeal in case of any perceived misuse.
During the hearing, the bench was told the college’s decision was aimed at preventing students from revealing their religion. To this, the court said: “The person’s religious identity can be revealed by his/her name and not by the clothes he/she wears.”
Divan said the circular was not limited to ‘hijab, burqa or naqab’ but extended to ripped jeans and other such attire.
Justice Khanna said: “Yes, you may be right that no burqa can be allowed to be worn by girls inside the classroom and no religious activities can be permitted on the campus.”
The bench issued notice to the society and sought its response by November 18.
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